by Richard D. Lieberman, Consultant | Aug 3, 2021 | Claims and Remedies
By Richard D. Lieberman, Consultant The Assignment of Claims Act of 1940 (31 U.S.C. § 3727 & 41 U.S.C. § 6305), provides a financing mechanism somewhat similar to the “invoice factoring” used in commercial contracts. (In commercial contracts, in order to get...
by Richard D. Lieberman, Consultant | Jul 27, 2021 | Uncategorized
By Richard D. Lieberman, Consultant The Army’s advising an offeror that its proposed price exceeded the amount of funds available for the contract was not misleading, according to the Government Accountability Office (“GAO”). Zodiac-Poettker HBZ JV, LC, B-419292,...
by Richard D. Lieberman, Consultant | Jul 20, 2021 | Uncategorized
Two previous blogs have discussed Hejran Hejrat Co. Ltd., v. U.S. Army Corps of Engineers, 930 F.3d1354 (Fed. Cir. 2019), and considered exactly what is needed for a contractor’s submission to be a “claim” under the Contract Disputes Act (“CDA”). See “No Magic Words...
by Richard D. Lieberman, Consultant | Jul 13, 2021 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
The Supreme Court narrowed the category of documents that must be released in response to a Freedom of Information Act (“FOIA”) request. United States Fish and Wildlife Serv. V. Sierra Club, Inc., 141 S. Ct. 777 (2021). The Court held that FOIA’s deliberative...
by Richard D. Lieberman, Consultant | Jul 6, 2021 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
The Federal Circuit recently held that the Court of Federal Claims has jurisdiction over a claim that the government breached an implied-in-fact contract to fairly and honestly consider an offeror’s proposal in the procurement context. This was a question that had...
